To assist in the development of sound public policy, this document: proposes principles that should guide thinking on the question of criminal law and HIV/AIDS; identifies a number of public policy considerations that States should take into account when making decisions about the use of the criminal law; considers the alternative to criminalization presented by public health laws discusses if and how the criminal law might be justifiably applied; and concludes with recommendations to governments, police, prosecutors, judges and public health authorities regarding the appropriate use of criminal sanctions and coercive public health measures.